Conspiracy

Question 1

What is the Act and Section and Penalty for Conspiring to Commit an Offence?

Answer 1

Crimes Act 1961 Section 310(1)
Penalty
If offence conspired about is more than 7 year offence Maximum of seven years.
Less than seven years same penalty as the crime conspired about

Question 2

What are the elements of a conspiracy?

Answer 2

Everyone who conspires
with any person to commit any offence or
to do or ommit in any part of the world
anything of which the doing or ommission in NZ would be an offence.

Question 3

R v Mulcahy 1868

Answer 3

A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to an lawful act by unlawful means.
So long as such a design rests in intention only it is not indictable. When two agree to carry it (the intended offence) into effect the very plot is an act in itself

Question 4

When is a conspiracy complete?

Answer 4

A conspiracy is complete when the agreement is made with the required intent.

Question 5

What must the crown prove?

Answer 5

That there were two or more people involved
That an agreement was made
That the agreement was to commit an offence
That at the time the agreement was made there was an intention to commit the offence conspired about,

Question 6

R v Sanders 1984

Answer 6

A conspiracy does not end with the making of the agreement
The conspiratorial agreement continues in the operation and therefore in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged

Question 7

R v White 1945

Answer 7

Where you can prove that a suspect conspired with other parties (one or more people) whose identities are unknown
That suspect can still be convicted even if the identity of the other parties is never established and remains unknown

Question 8

Can a person be convicted of conspiring with a spouse or partner?

Answer 8

Yes
S 67 CA1961
A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union partner and any other person.

Question 9

What is a defence to conspiring to commit an offence?

Answer 9

That the crime conspired about in NZ is not a crime in the country the offence was intended to be carried out.

Question 10

can a person be covicted of conspiring with parties unknown (cite case law)?

Answer 10

Yes
R v White
Where you can prove that a suspect conspired with other parties (one or more people) whose identities are unknown
That suspect can still be convicted even if the identity of the other parties is never established and remains unknown

Question 11

Can a person be charged with a conspiracy and the substantive offence conspired about?

Answer 11

Where a substantive charge can be proved you should avoid laying a conspiracy charge, unless the substantive charge fails to adequately represent the total criminality of the offending encountered.

Question 12

What five points should be covered when interviewing suspects to establish their knowledge of the conspiracy?

Answer 12

• The existance of an agreement to commit an offence
• The existance of an agreement to omit to do something that would amount to an offence.
• The intent of those involved in the agreement.
• The identity of all people concerned where possible
• Whether anything was written, said or done to further the common purpose.

Question 13

Can a person withdrawn from an agreement to commit an offence?

Answer 13

A person withdrawing from the agreement is still guilty of conspiracy as are thise people who become party to the agreement after it has been made.
A person can only effectively withdraw before the actual agreement was made. (didn’t agree to commit an offence)